Man serving life in prison for 1993 murder to be re-sentenced
A Berrien County man serving life in prison without parole for a Jan. 30, 1993 murder will be re-sentenced.
According to our newsgathering partners at
, Christopher Tobar, now 44, was 17 when he shot and killed Paries Cummings while she was walking alone on Clay Street in Benton Harbor.
Tobar was one of four people in a vehicle when he and another person exited the vehicle carrying sawed-off shot guns and ordered Cummings to lay face down on the ground. After the other person shot at a passer-by but missed, Tobar fatally shot Cummings.
Toby was convicted of first-degree felony murder and was sentenced to life without parole, the mandatory penalty for that crime in Michigan.
But the 2012 U.S. Supreme Court Miller v. Alabama case ruled that mandatory, automatic life without parole for a juvenile unconstitutional because a juvenile’s brain is not fully developed.
His re-sentencing is set for May 26 at 1:30 p.m.